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ORDINANCE NO. 392
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS FOR RESIDENTIAL SUB-
DIVISIONS.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1-1: Citation and Authority
This ordinance is enacted pursuant to the authority
granted by Chapter 4.5 (commencing with Section
66498.1) of Division 2 of Title 7 of the Government
Code of the State of California' (hereinafter re-
ferred to as the Vesting Tentative Map Statute),
and may be cited as the Vesting Tentative Map
Ordinance.
SECTION 1-2: Purpose and Intent
It is the purpose of this ordinance to establish
procedures necessary for the implementation of the
Vesting Tentative Map Statute, and -to supplement
the provisions of the Subdivision Man Act and the
Subdivision Ordinance. Except as otherwise set
forth in the provisions of this ordinance, the pro-
visions of the Subdivision Ordinance shall apply to
the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations out-
lined in this ordinance are determined to be nec-
essary for the preservation of the public health,
safety and general welfare, and for the promotion
of orderly growth and development.
SECTION 1-3: Consistency
No land shall be subdivided and developed pursuant
to a vesting tentative map for any purpose which
is inconsistent with the General Plan and any
applicable specific plan or not permitted by the
zoning ordinance or other applicable provisions of
the Municipal Code.
SECTION 1-4: Definitions
(a) A "vesting tentative map" shall mean a
"tentative map" for a residential subdivision, as
defined in the City Subdivision Ordinance, that
shall have printed conspecuously on its face the
words "Vesting Tentative Map" at the time it is
filed in accordance with SS2-1, and is thereafter
processed in accordance with the provisions hereof.
(b) All other definitions set forth in the City
Subdivision Ordinance are applicable.
SECTION 1-5: Application
(a) This ordinance shall apply only to residential
developments. Whenever a provision of the Sub-
division Map Act, as implemented and supplemented by
the City Subdivision Ordinance, requires the filing
of a tentative map or tentative parcel map for a
Ordinance No. 392
residential development, a vesting tentative map
may instead be filed, in accordance with the
provisions hereof.
(b) If a subdivider does not seek the rights con-
ferred by the Vesting Tentative Map Statute,the
filing of a vesting tentative map shall not be a
prerequisite to any approval for any proposed sub-
division, permit for construction, or work prep-
aratory to construction.
ARTICLE 2. PROCEDURES
SECTION 2-1: Filing and Processing
A vesting tentative map shall be filed in the same
form and have the same contents, accompanying data
and reports and shall be processed in the same
manner as set forth in the City Subdivision Ordinance
for a tentative map except as hereinafter provided:
(a) At the time a vesting tentative map is filed
it shall have printed conspicuously on its face
the words "Vesting Tentative Map."
(b) At the time a vesting tentative map is filed
a subdivider shall also supply the following infor-
mation:
(For Example:
- height, size, and location of
buildings
-
sewer, water, storm drain and
road details
- information on the uses to
which the buildings will be put
- detailed grading plans
- geological studies
- flood control information
- architectural plans
- any other studies your city has
normally deferred to the building
permit stage.)
SECTION 2-2: Fees
(a) Upon filing a vesting tentative map, the
subdivider shall pay the fees required by the
Resolution of the City Council for the filing
and processing of a tentative map.
SECTION 2-3: Expiration
The approval or conditional approval of a vesting
tentative map shall expire at the end of the same
time period, and shall be subject to the same
extensions, established by the Subdivision Ordinance
for the expiration of the approval or conditional
approval of a tentative map.
Ordinance No. 392
ARTICLE 3. DEVELOPMENT RIGHTS
SECTION 3-1: Vesting on Approval of Vesting Tentative Map
(a) The approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed
with development in substantial compliance with the
ordinances, policies, and standards described in
Government Code SS66474.2,:
However, if Section 66474.2 of the Government
Code is repealed, the approval or conditional approval
of a Vesting Tentative Map shall confer a vested right
to proceed with development in substantial compliance
with the ordinances policies, and standards in effect
at the time the vesting tentative map is approved or
conditionally approved.
(b) Notwithstanding subdivision (a), a permit,
approval, extension, or entitlement may be made
conditional or denied if any of the following are
determined:
(1) A failure to do so would place the residents
of the subdivision or the immediate community, or
both, in a condition dangerous to their health or
safety, or both.
(2) The condition or denial is required, in
order to comply with state or federal law.
(c) The rights referred to herein shall expire if a
final map is not approved prior to the expiration of
the vesting tentative map as provided in SS2-3. If
the final map is approved, these rights shall last for
the following periods of time:
(1) An initial time period of one year.
Where several final maps are recorded on various
phases of a project covered by a single vesting
tentative map, this initial time period shall
begin for each phase when the final map for that
phase is recorded.
(2) The initial time period set forth in (c) (1)
shall be automatically extended by any time used
for processing a complete application for a grading
permit or for design or architectural review, if
such processing exceeds 30 days, from the date a
complete application is filed.
(3) A subdivider may apply for a one-year
extension at any time before the initial time
period set forth in (c) (1) expires. If the
extension is denied, the subdivider may appeal
that denial to the legislative body within 15
days.
(4) If the subdivider submits a complete
application for a building permit during the
periods of time specified in subdivisions (1)-
(3), the rights referred to herein shall continue
until the expiration of that permit, or any
extension of that permit.
Ordinance No. 392
211
Development
(a) Whenever a subdivider files a vesting tentative
map for a subdivision whose intended development is
inconsistent with the zoning ordinance in existence at
that time, that inconsistency shall be noted on :the
map. The City may deny such a vesting tentative map
or approve it conditioned on the subdivder, or his or
her designee, obtaining the necessary change in the
zoning ordinance to eliminate the inconsistency. If
the change in the zoning ordinance is obtained, the
approved or conditionally approved vesting tentative
map shall, notwithstanding SS3-1 (a), confer the
vested right to proceed with the development in sub-
stantial compliance with the change in the zoning or-
dinance and the map, as approved.
(b) The rights conferred by this section shall be
for the time periods set forth in SS3-1 (c).
SECTION 3-3: Applications Inconsistent with Current Policies
Notwithstanding any provision of this ordinance, a
property owner or his or her designee may seek
approvals or permits for development which depart from
the ordinances, policies, and standards described in
SS3-1(a) and 3-2, and local agencies may grant these
approvals or issue these permits to the extent that the
departures are authorized under applicable law.
ARTICLE 4. EFFECTIVE DATE
The effective date of this ordinance is January 1, 1986.
The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be processed in the
manner prescribed by law..
APPROVED and ADOPTED this 23rd day of January, 1986.
Mayor Pat S iran a
ATTEST: &Z/LZj�
Margar t S. Barbosa, City Clerk
I, Margaret S. Barbosa, City Clerk of the City of Irwindale,
do hereby certify that the above Ordinance. No. 392, was introduced
at a regular meeting held on December 19, 1985, and was duly passed,
approved and signed by the Mayor and attested by the City Clerk at
a regular meeting held on the 23rd day of January, 1986, by the
following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Breceda, Michael Miranda, Tapia,
Castellanos, and Mayor Pat Miranda
None
None
Marga -/'t S. Ba osa, UMU
City Jerk